Idaho State Statutes - Idaho Attorney Directory

(a) A
security interest under this chapter may be created in goods that are fixtures
or may continue in goods that become fixtures. A security interest does not
exist under this chapter in ordinary building materials incorporated into an
improvement on land.
(b) This chapter does not prevent creation of an encumbrance upon
fixtures under real property law.
(c) In cases not governed by subsections (d) through (h) of this section,
a security interest in fixtures is subordinate to a conflicting interest of an
encumbrancer or owner of the related real property other than the debtor.
(d) Except as otherwise provided in subsection (h) of this section, a
perfected security interest in fixtures has priority over a conflicting
interest of an encumbrancer or owner of the real property if the debtor has an
interest of record in or is in possession of the real property and:
(1) The security interest is a purchase-money security interest;
(2) The interest of the encumbrancer or owner arises before the goods
become fixtures; and
(3) The security interest is perfected by a fixture filing before the
goods become fixtures or within twenty (20) days thereafter.
(e) A perfected security interest in fixtures has priority over a
conflicting interest of an encumbrancer or owner of the real property if:
(1) The debtor has an interest of record in the real property or is in
possession of the real property and the security interest:
(A) is perfected by a fixture filing before the interest of the
encumbrancer or owner is of record; and
(B) has priority over any conflicting interest of a predecessor in
title of the encumbrancer or owner;
(2) Before the goods become fixtures, the security interest is perfected
by any method permitted by this chapter and the fixtures are readily
removable:
(A) factory or office machines;
(B) equipment that is not primarily used or leased for use in the
operation of the real property; or
(C) replacements of domestic appliances that are consumer goods;
(3) The conflicting interest is a lien on the real property obtained by
legal or equitable proceedings after the security interest was perfected
by any method permitted by this chapter; or
(4) The security interest is:
(A) created in a manufactured home in a manufactured home
transaction; and
(B) perfected pursuant to a statute described in section
28-9-311(a)(2).
(f) A security interest in fixtures, whether or not perfected, has
priority over a conflicting interest of an encumbrancer or owner of the real
property if:
(1) The encumbrancer or owner has, in an authenticated record, consented
to the security interest or disclaimed an interest in the goods as
fixtures; or
(2) The debtor has a right to remove the goods as against the
encumbrancer or owner.
(g) The priority of the security interest under subsection (f)(2) of this
section continues for a reasonable time if the debtor's right to remove the
goods as against the encumbrancer or owner terminates.
(h) A mortgage is a construction mortgage to the extent that it secures
an obligation incurred for the construction of an improvement on land,
including the acquisition cost of the land, if a recorded record of the
mortgage so indicates. Except as otherwise provided in subsections (e) and (f)
of this section, a security interest in fixtures is subordinate to a
construction mortgage if a record of the mortgage is recorded before the goods
become fixtures and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent as a
construction mortgage to the extent that it is given to refinance a
construction mortgage.
(i) A perfected security interest in crops growing on real property has
priority over a conflicting interest of an encumbrancer or owner of the real
property if the debtor has an interest of record in or is in possession of the
real property.

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